Fair Work Ombudsman
Citation: FWO-2024-02-09-optus-retail-eu-media-release
At a glance
- Penalty
- $7,800,000
What happened
Optus Retailco Pty Limited, a subsidiary of Singtel Optus that operates Optus retail stores across Australia, back-paid more than $7.8 million including interest and superannuation to underpaid employees and signed an Enforceable Undertaking with the Fair Work Ombudsman. Singtel Optus self-reported in April 2021 after an internal review. Affected employees were retail consultants and store managers across Australia between January 2014 and March 2020. The underpayments were caused by poor payroll, time and attendance, HR and governance practices, and errors in the Optus Retail Agreement 2013 and the General Retail Industry Awards 2010 and 2020. Failures included not doing annual reconciliations against the award, and not paying retail consultants for work performed before or after their rostered shifts.
What was decided
Optus Retailco entered an EU with the FWO, back-paid more than $7.8 million and agreed to contrition payments. The $7.8 million is remediation, not a civil penalty, although contrition payments are a feature of this EU. Optus agreed to a compliance program under the EU.
What it means for employers
Retailers on enterprise agreements must still run annual reconciliations against the relevant Modern Award, usually the General Retail Industry Award, to confirm no employee is worse off overall. Unpaid work before and after rostered shifts, such as setup and close-down, is a common underpayment pattern. Time and attendance systems must capture actual time on shift.
What it means for employees
Optus retail consultants and store managers who worked between 2014 and 2020 may be owed back-pay, including for work performed before or after rostered shifts. Optus has been contacting affected staff. If you think you may be owed, contact Optus or the FWO on 13 13 94.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/february-2024/20240209-optus-retail-eu-media-releaseWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →